State v. . Poythress
Supreme Court of North Carolina
CRIMINAL action, tried before Kerr, J., and a jury, at May Term, 1917, of Durham. The defendant was charged with the following crimes: 1. That he engaged in the business of selling, exchanging, bartering, or giving away spirituous liquors, for the purpose of gain, directly or indirectly. 2. That he had in his possession twenty-seven pints of such liquors for the purpose of sale. 3. That he received at one time and in one package more than one quart of whiskey, to-wit,…
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CRIMINAL action, tried before Kerr, J., and a jury, at May Term, 1917, of Durham. The defendant was charged with the following crimes: 1. That he engaged in the business of selling, exchanging, bartering, or giving away spirituous liquors, for the purpose of gain, directly or indirectly. 2. That he had in his possession twenty-seven pints of such liquors for the purpose of sale. 3. That he received at one time and in one package more than one quart of whiskey, to-wit, twenty-seven pints. There is an averment in the verified complaint that all these acts were unlawfully, willfully, and…
1Opinion of the Court
Walker, J.,
after stating tbe ease: The complaint did not allege any offense against the defendant, as his name was not mentioned therein, but the warrant refers distinctly to the complaint, and, besides, was physically annexed to it. When this is the case, it may supply any omission or deficiency in the former, and if the two, when considered together as parts of the same proceeding,'sufficiently inform the defendant of the accusation made against him, nothing else is necessary to be done. "We so held in S. v. Yellowday, 152 N. C., 793, where it was said: “The second objection is that the…
2Cases cited21 opinions
- State v. . DowdySupreme Court of North Carolina · 1907
- State v. May.Supreme Court of North Carolina · 1903
- State v. . SharpSupreme Court of North Carolina · 1899
- State v. . CaleSupreme Court of North Carolina · 1909
- State v. . Baker and OthersSupreme Court of North Carolina · 1869
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. HammondsSupreme Court of North Carolina · 1954
- State v. . AndersonSupreme Court of North Carolina · 1935
- State v. AndersonSupreme Court of North Carolina · 1935
- Carson v. DoggettSupreme Court of North Carolina · 1950
- State v. . BrownSupreme Court of North Carolina · 1945
15 more not listed; retrieve them via the Exa API.